County Court Appeals Act, 1924
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No. 57/1924: COUNTY COURT APPEALS ACT, 1924 |
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ARRANGEMENT OF SECTIONS |
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AN ACT TO MAKE PROVISION FOR THE APPOINTMENT OF COMMISSIONERS TO HEAR AND DETERMINE APPEALS FROM RECORDERS AND COUNTY COURT JUDGES TO JUDGES OF ASSIZE WHICH WERE PENDING AT THE COMMENCEMENT OF PART II. OF THE COURTS OF JUSTICE ACT, 1924 . |
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[18th December, 1924.] |
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BB IT ENACTED BY THE OIREACHTAS OF SAORSTÁT ÉIREANN AS FOLLOWS:— |
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| Certain appeals may be heard by Commissioners. |
1.—(1) Every appeal from a Recorder or County Court Judge to a Judge of Assize which was pending at the commencement of Part II. of the Courts of Justice Act, 1924 (No. 10 of 1924) (which appeals are in this Act referred to as pending appeals) may, in lieu of being heard and determined by a Judge of the High Court under section 103 of that Act, be heard and determined at any time within twelve months after the passing of this Act by a Commissioner appointed under this Act. |
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(2) A Commissioner appointed under this Act when hearing and determining a pending appeal as aforesaid shall have all the powers, jurisdictions, and privileges which a Judge of the High Court would have when hearing and determining such appeal under section 103 of the Courts of Justice Act, 1924 , and shall also have such further or other powers, jurisdictions, and privileges as a Judge of Assize would have had prior to the commencement of the Courts of Justice Act, 1924 , when hearing and determining such appeal. |
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| Appointment of Commissioners. |
2.—(1) The Governor-General, acting on the advice of the Executive Council, may at any time within twelve months after the passing of this Act appoint such and so many Commissioners for the purposes of this Act as he shall on the advice aforesaid think proper. |
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(2) Every person appointed under this section to be a Commissioner shall at the date of his appointment either be a practising barrister of twelve years' standing at least or have been a Judge of the Supreme Court of Judicature in Ireland or a Recorder or County Court Judge in Ireland, or a Judge of the Dáil Supreme Court within the meaning of the Dáil Eireann Courts (Winding-Up) Act, 1923 (No. 36 of 1923), or a Judicial Commissioner appointed under that Act. |
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(3) Every person appointed under this section to be a Commissioner may be dismissed or removed from that office at the pleasure of the Governor-General acting on the advice of the Executive Council. |
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(4) Every Commissioner appointed under this section shall while he holds that office be paid out of moneys to be provided by the Oireachtas, such remuneration and allowance as the Minister for Justice, with the consent of the Minister for Finance, shall determine. |
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| Allocation of business to Commissioners. |
3.—The Minister for Justice may by Order prescribe the pending appeals which shall be heard and determined by a Commissioner under this Act in lieu of a Judge of the High Court, and may by the same or any other Order prescribe the Commissioner by whom and the time and place at which each such pending appeal shall be so heard and determined. |
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| Short title. |
4.—This Act may be cited as the County Court Appeals Act, 1924 . |
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